106 Iowa 140 | Iowa | 1898
I. The motion of the appellee to affirm is based upon section 28 of the statutes and rules regulating the practice in this court, which is as follows:
“Sec. 28. If an abstract of the record is not filed by appellant thirty days before the second term after the appeal was taken, unless further time is given by the court, or a judge thereof for cause shown, the appellee may file an abstract of such matters of record as are necessary, or may file a copy of the final judgment or order appealed from, notice of appeal and return of service thereof, certified by the clerk of the trial court, and cause the case to be docketed, and the appeal upon motion shall be dismissed, or the judgment or order affirmed.”
So much of that section as is involved in the question before us is a copy of section 4120 of the Code.
One of the questions presented by the first application, although not controlling, in the view we take of the case, is important because of its frequent recurrence in motions to dismiss or affirm in this court. It is, what will excuse an appellant for failure, by reason of demands upon the time of his attorney, to have his cause ready for submission at the time fixed by the rules or order of the court ? To do justice is' .a chief object of litigation, and when instituted it should be prosecuted with reasonable diligence. A party should not
Section 2831 of the Code of 1873, as amended by chapter 209 of the Acts of the Eighteenth General Assembly, contained the following: “An exception is an objection taken to a decision of the court or party acting as the court, on a.